| Serial Number | 87436355 |
| Word Mark | FITZAPP |
| Filing Date | Thursday, May 4, 2017 |
| Status | 602 - ABANDONED - FAILURE TO RESPOND OR LATE RESPONSE |
| Status Date | Monday, August 13, 2018 |
| Registration Number | 0000000 |
| Registration Date | NOT AVAILABLE |
| Mark Drawing | 3000 - Illustration: Drawing or design which also includes word(s) / letter(s) / number(s) |
| Published for Opposition Date | NOT AVAILABLE |
| Indication of Colors claimed | Color is not claimed as a feature of the mark. |
| Description of Mark | The mark consists of Heart shaped disc, a happy/joyful man jumping which is depicted as a big dot representing the head, curved design like crescent moon (irregular) for hands plus torso and opposite curved design (irregular crescent moon) for legs. Exercising human represents a happy heart. |
| Goods and Services | Downloadable cloud-based software for Fitness, Tutorial, Mobile application, Exercise, Fitness tutorial, fitness videos, fitness audio, workouts; Downloadable cloud-computing software for Fitness, Tutorial, Mobile application, Exercise, Fitness tutorial, fitness videos, fitness audio, workouts; Downloadable computer software for word processing; Downloadable computer software for Fitness, Tutorial, Mobile application, Exercise, Fitness tutorial, fitness videos, fitness audio, workouts; Downloadable computer game software via a global computer network and wireless devices; Downloadable electronic game software for use on Fitness, Tutorial, Mobile application, Exercise, Fitness tutorial, fitness videos, fitness audio, workouts; Software for processing digital images of the anatomy for diagnosis and treatment; Software for processing images, graphics and text; Baseball and softball training apparatus using sensors and software to analyze bat swings and electronically display results; Computer software for accessing information directories that may be downloaded from the global computer network; Computer software for controlling self-service terminals; Computer software for controlling the operation of audio and video devices; Computer software for creating digital animation and special effects of images; Computer software for manipulating digital audio information for use in audio media applications; Computer software for pulmonary, cardiovascular and edema analysis for use in small animal research studies; Computer software for use in the encryption and decryption of digital files, including audio, video, text, binary, still images, graphics and multimedia files; Computer software for wireless content delivery; Computer game software downloadable from a global computer network; Computer game software for gambling machines; Computer game software for personal computers and home video game consoles; Computer game software for use with personal computers, home video game consoles used with televisions and arcade-based video game consoles; Computer gaming software for gambling; Downloadable software application for downloading DVR-recorded content for viewing on smartphones; Electronic sports training simulators; Rowing training apparatus using sensors and software for rowing stroke analysis; Simulators for the steering and control of vehicles; Sports training apparatus featuring electronic sensors and software to analyze bat swings and electronically display results; Vehicle detection equipment, namely, display monitors, computers, image sensors, video cameras, and operating system and application software to detect vehicle location |
| Goods and Services | Fitness boot camps; Aerial fitness instruction; Conducting fitness classes; Consulting services in the fields of fitness and exercise; Counseling services in the field of physical fitness; Education services, namely, providing panel discussions in the field of fitness, training, workout, running, strength, cardiovascular, swimming, sports, yoga, pilates, high intensity, biking, hiking; Educational services, namely, developing and conducting workouts, workshops, presentations, retreats, and personal training in right-brain fitness; Educational services, namely, providing cognitive fitness programs for seniors; Entertainment in the nature of providing an informational and entertainment website in the fields of celebrity gossip, entertainment, sports and fitness; Golf fitness instruction; Multimedia entertainment software production services; Personal fitness training services; Personal fitness training services and consultancy; Personal fitness training services featuring aerobic and anaerobic activities combined with resistance and flexibility training; Personal fitness training services, namely, providing cross-training instruction to tennis players, based on pilates methods and tennis techniques, in a studio or on a tennis court; Personal trainer services; Physical fitness assessment services; Physical fitness conditioning classes; Physical fitness consultation; Physical fitness instruction; Physical fitness studio services, namely, providing exercise classes, body sculpting classes, and group fitness classes; Physical fitness studio services, namely, providing group exercise instruction, equipment, and facilities; Physical fitness training of individuals and groups; Physical fitness training services; Physical fitness training services using pilates apparatuses, pilates training techniques and tennis techniques to improve core strength, endurance and match play for tennis players in order to prevent tennis-related injuries and assist in the rehabilitation process of injured tennis players; Providing fitness and exercise facilities; Providing fitness and exercise studio services, namely, pilates instruction and training; Providing fitness and exercise studio services, namely, providing pilates apparatuses and tennis training equipment; Providing fitness instruction services in the field of running, strength, cardiovascular, swimming, sports, yoga, pilates, high intensity, biking, hiking; Providing fitness training services in the field of running, strength, cardiovascular, swimming, sports, yoga, pilates, high intensity, biking, hiking; Providing a web site featuring information on exercise and fitness; Providing a website featuring information on exercise and fitness; Providing an interactive website featuring information and links relating to fitness; Providing an on-line computer database featuring information regarding exercise and fitness; Providing an on-line computer database featuring information regarding exercise and fitness before and after pregnancy; Providing classes, workshops, seminars and camps in the fields of fitness, exercise, boxing, kick boxing and mixed martial arts; Providing facilities for running, strength, cardiovascular, swimming, sports, yoga, pilates, high intensity, biking, hiking training; Providing general fitness and mixed martial arts facilities that require memberships and are focused in the fields of general fitness, exercise, and mixed martial arts; Providing online non-downloadable game software; Providing personal fitness training for running, strength, cardiovascular, swimming, sports, yoga, pilates, high intensity, biking, hiking; Providing personal training and physical fitness consultation to corporate clients to help their employees make physical fitness, strength, conditioning, and exercise alterations in their daily living; Providing personal training and physical fitness consultation to individuals to help them make physical fitness, strength, conditioning, and exercise improvement in their daily living; Providing physical fitness and exercise service, namely, indoor cycling and yoga instruction; Rental of computer game software |
| Goods and Services | Software as a service (SAAS) services featuring software for Fitness, Tutorial, Mobile application, Exercise, Fitness tutorial, fitness videos, fitness audio, workouts; Software as a service (SAAS) services, namely, hosting software for use by others for use Fitness, Tutorial, Mobile application, Exercise, Fitness tutorial, fitness videos, fitness audio, workouts; Software design and development; Software development and product development consulting in the field of Fitness, Tutorial, Mobile application, Exercise, Fitness tutorial, fitness videos, fitness audio, workouts; Cloud computing featuring software for use Fitness, Tutorial, Mobile application, Exercise, Fitness tutorial, fitness videos, fitness audio, workouts; Computer software consultancy; Computer software design, computer programming, and maintenance of computer software; Computer software development; Computer software development in the field of Fitness, Tutorial, Mobile application, Exercise, Fitness tutorial, fitness videos, fitness audio, workouts; Computer network design and computer software design for the Fitness, Tutorial, Mobile application, Exercise, Fitness tutorial, fitness videos, fitness audio, workouts; Design and development of software in the field of mobile applications; Design and writing of computer software; Developing computer software; Providing a web site featuring temporary use of non-downloadable software allowing web site users to upload on-line videos for sharing with others for entertainment purposes; Providing a website featuring on-line non-downloadable software that enables users to Fitness, Tutorial, Mobile application, Exercise, Fitness tutorial, fitness videos, fitness audio, workouts; Providing on-line non-downloadable software for Fitness, Tutorial, Mobile application, Exercise, Fitness tutorial, fitness videos, fitness audio, workouts; Services for maintenance of computer software; Smartphone software design; Updating of smartphone software |
| Pseudo Mark | FITNESS APP |
| International Class | 009 - Scientific, nautical, surveying, photographic, cinematographic, optical, weighing, measuring, signalling, checking (supervision), life-saving and teaching apparatus and instruments; apparatus and instruments for conducting, switching, transforming, accumulating, regulating or controlling electricity; apparatus for recording, transmission or reproduction of sound or images; magnetic data carriers, recording discs; automatic vending machines and mechanisms for coin operated apparatus; cash registers, calculating machines, data processing equipment and computers; fire extinguishing apparatus. |
| US Class Codes | 021, 023, 026, 036, 038 |
| Class Status Code | 6 - Active |
| Class Status Date | Tuesday, May 9, 2017 |
| Primary Code | 009 |
| First Use Anywhere Date | NOT AVAILABLE |
| First Use In Commerce Date | NOT AVAILABLE |
| International Class | 041 - Education; providing of training; entertainment; sporting and cultural activities. |
| US Class Codes | 100, 101, 107 |
| Class Status Code | 6 - Active |
| Class Status Date | Tuesday, May 9, 2017 |
| Primary Code | 041 |
| First Use Anywhere Date | NOT AVAILABLE |
| First Use In Commerce Date | NOT AVAILABLE |
| International Class | 042 - Scientific and technological services and research and design relating thereto; industrial analysis and research services; design and development of computer hardware and software. |
| US Class Codes | 100, 101 |
| Class Status Code | 6 - Active |
| Class Status Date | Tuesday, May 9, 2017 |
| Primary Code | 042 |
| First Use Anywhere Date | NOT AVAILABLE |
| First Use In Commerce Date | NOT AVAILABLE |
| Party Name | The Trustee for The Fitzapp Unit Trust |
| Party Type | 10 - Original Applicant |
| Legal Entity Type | 17 - Trust |
| Address | Northgate, SA 5085 AU |
| Event Date | Event Description |
| Monday, August 13, 2018 | ABANDONMENT NOTICE MAILED - FAILURE TO RESPOND |
| Monday, August 13, 2018 | ABANDONMENT - FAILURE TO RESPOND OR LATE RESPONSE |
| Thursday, January 11, 2018 | NOTIFICATION OF NON-FINAL ACTION E-MAILED |
| Thursday, January 11, 2018 | NON-FINAL ACTION E-MAILED |
| Thursday, January 11, 2018 | NON-FINAL ACTION WRITTEN |
| Wednesday, August 9, 2017 | NOTIFICATION OF NON-FINAL ACTION E-MAILED |
| Wednesday, August 9, 2017 | NON-FINAL ACTION E-MAILED |
| Wednesday, August 9, 2017 | NON-FINAL ACTION WRITTEN |
| Wednesday, August 2, 2017 | ASSIGNED TO EXAMINER |
| Wednesday, May 10, 2017 | NOTICE OF DESIGN SEARCH CODE E-MAILED |
| Tuesday, May 9, 2017 | NEW APPLICATION OFFICE SUPPLIED DATA ENTERED IN TRAM |
| Monday, May 8, 2017 | NEW APPLICATION ENTERED IN TRAM |